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Settlement And Naturalisation
Settlement (Indefinite Leave to Remain)
Indefinite Leave to Remain (ILR) is a form of settlement that non-EU citizens apply for. ILR gives you the right to live, work, and study in the UK and apply for benefits if you are eligible. ILR is the first step to applying for British citizenship (Naturalisation).
Depending on your visa, you need to spend a certain amount of time in the UK to be eligible for ILR. Typically, this amount of time is 5 years, but it can be less than that. For instance, with the Innovator Founder Visa or Global Talent Visa, the applicant may apply after 3 years.
Dependants
You can apply for an ILR Dependent Visa after 5 years of living in the UK on a Family Visa or as a dependent on a qualifying work visa. You can apply as a dependent partner (husband, wife, civil partner, or unmarried partner) or Dependent children under the age of 18.
Requirements
The specific requirements differ depending on the circumstances of the applicant, including the type of visa they hold. The most basic requirement for ILR is to have been lawfully living in the UK for a certain period. However, other requirements must be fulfilled too.
The general requirements are:
- Lawful living in the UK for a certain period
- No breach of immigration laws during your stay in the UK and no criminal record
- A period spent outside the UK that doesn’t exceed 180 days in 12 months during the qualifying period,
- Passing the Life in the UK test,
- Ability to prove that you meet the B1 level of English as set out by the Common European Framework of Languages
Indefinite leave to remain documents
- Your current valid passport
- If you do not have a passport, your travel document
- Your birth certificates
- Any Biometric Residence Permits (BRPs) that you have been issued
- Evidence of cohabitation (if partner-visa route)
- Police certificate (if applicable)
- Evidence of accommodation
- Evidence/receipts of your permitted benefits (if applicable)
- Documents that relate to absences from the UK (if applicable)
- English language test documentation – B1 English Level Certificate from a Home Office-approved exam provider
- Life in the UK test documentation
- Evidence that shows you have had a continuous residence in the UK
- Documents for evidence change in certain circumstances
FAQs
I have an ILR, and my child was born in the UK. What will be the status of my child?
If you have a child in the UK while holding valid Indefinite Leave to Remain (ILR) status, the child will automatically be granted British citizenship. However, if you obtained your ILR after your child’s birth, you would need to apply to register your child as British.
Will my application be impacted by my prior criminal convictions?
Having previous offences and convictions can impact your application, but it depends on the nature of the conviction or offence. Consulting with an expert can assist you in making a well-informed decision about when to apply. In certain situations, it may be more beneficial to apply for an extension rather than seeking further leave to remain for immigration purposes.
Apply for British Citizenship (Naturalisation)
While Indefinite Leave to Remain allows you to live in the UK permanently, it is important to note that it is not equivalent to British Citizenship. ILR does not grant voting privileges and it can be revoked if you leave the UK for an extended period or face deportation due to a criminal conviction.
British Citizenship gives to right to live and to work in the UK freely without any immigration restrictions. You can apply for a British passport.
Requirements for British Naturalisation Application:
To become a naturalised British citizen, you have to meet several legal requirements. If you meet the requirements listed below, you might be eligible for British naturalisation.
- You are 18 years old or over,
- You have held settled status (EU citizens) or Indefinite Leave to Remain in the UK for at least 12 months at the time of applying,
- You may not have had any immigration offences in the past 10 years
- You must not have any serious criminal charges (you are of ‘good character’)
- You must have lived in the UK for 5 years.
- Your travel outside of the UK in the last 12 months should have been minimal and you do not have excessive absences from the UK within the qualifying period,
- You must meet the minimum knowledge of English and life in the UK requirements,
- Have been in the UK on the first day of the qualifying period. This will be either 5 or 3 years before the date on which you apply,
Referees for British naturalisation application
Two referees’ information must be included with your Naturalisation application. You must have known both referees for at least three years each personally.
One referee must have a professional standing e.g. an accountant, a police officer etc. The second referee should be a British national with a British passport.
Any nationality may serve as one of the referees, but that person must have professional standing, e.g., accountant, police officer, chemist, etc. The second referee should be a British. The referees are required to make a declaration and provide the applicant with their personal information to be added to the online application form.
FAQs
Is it possible to travel after submitting your application for Naturalisation?
You can keep your passport if you have included a passport copy in your application and have permission to travel in and out of the UK while your naturalisation application is under review.
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